Agenda - Planning Commission - 01/31/2013 - Special

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September 25, 2012 I Volume 6 I Issue 18 Zoning Bulletin Proceedings —After Planning and oning Commission ecommends Approval of oning ' equest, = oard of Aldermen ! oes Not Notify 'Applicant of Related Hearing Board then denies applicant's zoning request, and applicant claims due process violation Citation: McKee v. City of Starkville, 2012 WL 3191986 (Miss. Ct. App. 2012) MISSISSIPPI (08/07/12)—This case addressed the issue of whether a party that has not been aggrieved by the recommendation of the city engineer or advisory committee is still entitled to notice of a hearing before the governing body of the city where the party's zoning request is considered. The Background/Facts: George C. McKee ("McKee") owned prop- erty in the City of Starkville, Mississippi (the "City"). In order to expand an existing apartment complex McKee owned, McKee sought to rezone.75 acres of his property from R-2 ("single family/duplex") to R-5 ("multi-family/high-density"). He filed an application with the City. The City's Planning and Zoning Commission ("PZC") unani- mously recommended approval of McKee's rezoning request to the City's. Board of Aldermen (the "Board"). Despite the PZC's recom- mendation, the Board denied McKee's request based on its belief that McKee had not sufficiently proven a change in the neighborhood's character. McKee appealed the Board's decision to the Oktibbeha County Circuit Court, which affirmed the Board's decision. McKee again appealed. Among other things, he argued that his due process rights were violated because he did not have notice of the Board's meeting where his application was denied. The City contended that, based on the plain language of Mississippi Code Annotated § 17- 1-17 (Supp.2011), McKee was not entitled to notice of the Board's meeting. Section 17-1-17 provides, in pertinent part: "any party aggrieved with the recommendation of the city engineer or advisory committee 8 © 2012 Thomson Reuters